Full Text of HB4284 102nd General Assembly
HB4284enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 3-1001 as follows:
| 6 | | (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
| 7 | | (Text of Section before amendment by P.A. 102-353 )
| 8 | | Sec. 3-1001. A tax is hereby imposed on the privilege of | 9 | | using, in this
State, any motor vehicle as defined in Section | 10 | | 1-146 of this Code acquired by
gift, transfer, or purchase, | 11 | | and having a year model designation preceding the
year of | 12 | | application for title by 5 or fewer years prior to October 1, | 13 | | 1985 and
10 or fewer years on and after October 1, 1985 and | 14 | | prior to January 1, 1988.
On and after January 1, 1988, the tax | 15 | | shall apply to all motor vehicles without
regard to model | 16 | | year. Except that the tax shall not apply
| 17 | | (i) if the use of the motor vehicle is otherwise taxed | 18 | | under the Use Tax
Act;
| 19 | | (ii) if the motor vehicle is bought and used by a
| 20 | | governmental agency or a society, association, foundation | 21 | | or institution
organized and operated exclusively for | 22 | | charitable, religious or
educational purposes;
| 23 | | (iii) if the use of the motor vehicle is not subject to |
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| 1 | | the Use Tax Act by
reason of subsection (a), (b), (c), (d), | 2 | | (e) or (f) of Section 3-55 of that Act
dealing with the | 3 | | prevention of actual or likely multistate taxation;
| 4 | | (iv) to implements of husbandry;
| 5 | | (v) when a junking certificate is issued pursuant to | 6 | | Section 3-117(a)
of this Code;
| 7 | | (vi) when a vehicle is subject to the replacement | 8 | | vehicle tax imposed
by Section 3-2001 of this Act;
| 9 | | (vii) when the transfer is a gift to a beneficiary in | 10 | | the
administration of an estate and the beneficiary is a | 11 | | surviving spouse.
| 12 | | Prior to January 1, 1988, the rate of tax shall be 5% of | 13 | | the selling
price for each purchase of a motor vehicle covered | 14 | | by Section 3-1001 of
this Code. Except as hereinafter | 15 | | provided, beginning January 1, 1988, the
rate of tax shall be | 16 | | as follows for transactions in which the selling price
of the | 17 | | motor vehicle is less than $15,000:
|
|
18 | | Number of Years Transpired After |
Applicable Tax |
|
19 | | Model Year of Motor Vehicle |
|
|
20 | | 1 or less |
$390 |
|
21 | | 2 |
290 |
|
22 | | 3 |
215 |
|
23 | | 4 |
165 |
|
24 | | 5 |
115 |
|
25 | | 6 |
90 |
|
26 | | 7 |
80 |
|
|
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| 1 | | 8 |
65 |
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2 | | 9 |
50 |
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3 | | 10 |
40 |
|
4 | | over 10 |
25 |
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5 | | Except as hereinafter provided, beginning January 1, 1988, the | 6 | | rate of
tax shall be as follows for transactions in which the | 7 | | selling price of the
motor vehicle is $15,000 or more:
|
|
8 | | Selling Price |
Applicable Tax |
|
9 | | $15,000 - $19,999 |
$ 750 |
|
10 | | $20,000 - $24,999 |
$1,000 |
|
11 | | $25,000 - $29,999 |
$1,250 |
|
12 | | $30,000 and over |
$1,500 |
|
13 | | For the following transactions, the tax rate shall be $15 for | 14 | | each
motor vehicle acquired in such transaction:
| 15 | | (i) when the transferee or purchaser is the spouse, | 16 | | mother, father,
brother, sister or child of the | 17 | | transferor;
| 18 | | (ii) when the transfer is a gift to a beneficiary in | 19 | | the administration
of an estate , including, but not | 20 | | limited to, the administration of an inter vivos trust | 21 | | that became irrevocable upon the death of a grantor, and | 22 | | the beneficiary is not a surviving spouse;
| 23 | | (iii) when a motor vehicle which has once been | 24 | | subjected to the Illinois
retailers' occupation tax or use | 25 | | tax is transferred in connection with the
organization, | 26 | | reorganization, dissolution or partial liquidation of an
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| 1 | | incorporated or unincorporated business wherein the | 2 | | beneficial ownership
is not changed.
| 3 | | A claim that the transaction is taxable under subparagraph | 4 | | (i) shall be
supported by such proof of family relationship as | 5 | | provided by rules of the
Department.
| 6 | | For a transaction in which a motorcycle, motor driven | 7 | | cycle or moped is acquired the tax rate shall be $25.
| 8 | | On and after October 1, 1985, 1/12 of $5,000,000 of the | 9 | | moneys received
by the Department of Revenue pursuant to this | 10 | | Section shall be paid each
month into the Build Illinois Fund | 11 | | and the remainder into the General
Revenue Fund.
| 12 | | The tax imposed by this Section shall be abated and no | 13 | | longer imposed
when the amount deposited to secure the bonds | 14 | | issued pursuant to the Build
Illinois Bond Act is sufficient | 15 | | to provide for the payment of the principal
of, and interest | 16 | | and premium, if any, on the bonds, as certified to the
State | 17 | | Comptroller and the Director of Revenue by the Director of the
| 18 | | Governor's Office of Management and Budget.
| 19 | | (Source: P.A. 96-554, eff. 1-1-10 .)
| 20 | | (Text of Section after amendment by P.A. 102-353 )
| 21 | | Sec. 3-1001. A tax is hereby imposed on the privilege of | 22 | | using, in this
State, any motor vehicle as defined in Section | 23 | | 1-146 of this Code acquired by
gift, transfer, or purchase, | 24 | | and having a year model designation preceding the
year of | 25 | | application for title by 5 or fewer years prior to October 1, |
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| 1 | | 1985 and
10 or fewer years on and after October 1, 1985 and | 2 | | prior to January 1, 1988.
On and after January 1, 1988, the tax | 3 | | shall apply to all motor vehicles without
regard to model | 4 | | year. Except that the tax shall not apply
| 5 | | (i) if the use of the motor vehicle is otherwise taxed | 6 | | under the Use Tax
Act;
| 7 | | (ii) if the motor vehicle is bought and used by a
| 8 | | governmental agency or a society, association, foundation | 9 | | or institution
organized and operated exclusively for | 10 | | charitable, religious or
educational purposes;
| 11 | | (iii) if the use of the motor vehicle is not subject to | 12 | | the Use Tax Act by
reason of subsection (a), (b), (c), (d), | 13 | | (e) or (f) of Section 3-55 of that Act
dealing with the | 14 | | prevention of actual or likely multistate taxation;
| 15 | | (iv) to implements of husbandry;
| 16 | | (v) when a junking certificate is issued pursuant to | 17 | | Section 3-117(a)
of this Code;
| 18 | | (vi) when a vehicle is subject to the replacement | 19 | | vehicle tax imposed
by Section 3-2001 of this Act;
| 20 | | (vii) when the transfer is a gift to a beneficiary in | 21 | | the
administration of an estate and the beneficiary is a | 22 | | surviving spouse.
| 23 | | Prior to January 1, 1988, the rate of tax shall be 5% of | 24 | | the selling
price for each purchase of a motor vehicle covered | 25 | | by Section 3-1001 of
this Code. Except as hereinafter | 26 | | provided, beginning January 1, 1988 and until January 1, 2022, |
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| 1 | | the
rate of tax shall be as follows for transactions in which | 2 | | the selling price
of the motor vehicle is less than $15,000:
|
|
3 | | Number of Years Transpired After |
Applicable Tax |
|
4 | | Model Year of Motor Vehicle |
|
|
5 | | 1 or less |
$390 |
|
6 | | 2 |
290 |
|
7 | | 3 |
215 |
|
8 | | 4 |
165 |
|
9 | | 5 |
115 |
|
10 | | 6 |
90 |
|
11 | | 7 |
80 |
|
12 | | 8 |
65 |
|
13 | | 9 |
50 |
|
14 | | 10 |
40 |
|
15 | | over 10 |
25 |
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16 | | Except as hereinafter provided, beginning January 1, 1988 and | 17 | | until January 1, 2022, the rate of
tax shall be as follows for | 18 | | transactions in which the selling price of the
motor vehicle | 19 | | is $15,000 or more:
|
|
20 | | Selling Price |
Applicable Tax |
|
21 | | $15,000 - $19,999 |
$ 750 |
|
22 | | $20,000 - $24,999 |
$1,000 |
|
23 | | $25,000 - $29,999 |
$1,250 |
|
24 | | $30,000 and over |
$1,500 |
|
25 | | Except as hereinafter provided, beginning on January 1, | 26 | | 2022, the rate of tax shall be as follows for transactions in |
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| 1 | | which the selling price of the motor vehicle is less than | 2 | | $15,000: | 3 | | (1) if one year or less has transpired after the model | 4 | | year of the vehicle, then the applicable tax is $465; | 5 | | (2) if 2 years have transpired after the model year of | 6 | | the motor vehicle, then the applicable tax is $365; | 7 | | (3) if 3 years have transpired after the model year of | 8 | | the motor vehicle, then the applicable tax is $290; | 9 | | (4) if 4 years have transpired after the model year of | 10 | | the motor vehicle, then the applicable tax is $240; | 11 | | (5) if 5 years have transpired after the model year of | 12 | | the motor vehicle, then the applicable tax is $190; | 13 | | (6) if 6 years have transpired after the model year of | 14 | | the motor vehicle, then the applicable tax is $165; | 15 | | (7) if 7 years have transpired after the model year of | 16 | | the motor vehicle, then the applicable tax is $155; | 17 | | (8) if 8 years have transpired after the model year of | 18 | | the motor vehicle, then the applicable tax is $140; | 19 | | (9) if 9 years have transpired after the model year of | 20 | | the motor vehicle, then the applicable tax is $125; | 21 | | (10) if 10 years have transpired after the model year | 22 | | of the motor vehicle, then the applicable tax is $115; and | 23 | | (11) if more than 10 years have transpired after the | 24 | | model year of the motor vehicle, then the applicable tax | 25 | | is $100. | 26 | | Except as hereinafter provided, beginning on January 1, |
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| 1 | | 2022, the rate of tax shall be as follows for transactions in | 2 | | which the selling price of the motor vehicle is $15,000 or | 3 | | more: | 4 | | (1) if the selling price is $15,000 or more, but less | 5 | | than $20,000, then the applicable tax shall be $850; | 6 | | (2) if the selling price is $20,000 or more, but less | 7 | | than $25,000, then the applicable tax shall be $1,100; | 8 | | (3) if the selling price is $25,000 or more, but less | 9 | | than $30,000, then the applicable tax shall be $1,350; | 10 | | (4) if the selling price is $30,000 or more, but less | 11 | | than $50,000, then the applicable tax shall be $1,600; | 12 | | (5) if the selling price is $50,000 or more, but less | 13 | | than $100,000, then the applicable tax shall be $2,600; | 14 | | (6) if the selling price is $100,000 or more, but less | 15 | | than $1,000,000, then the applicable tax shall be $5,100; | 16 | | and | 17 | | (7) if the selling price is $1,000,000 or more, then | 18 | | the applicable tax shall be $10,100. | 19 | | For the following transactions, the tax rate shall be $15 for | 20 | | each
motor vehicle acquired in such transaction:
| 21 | | (i) when the transferee or purchaser is the spouse, | 22 | | mother, father,
brother, sister or child of the | 23 | | transferor;
| 24 | | (ii) when the transfer is a gift to a beneficiary in | 25 | | the administration
of an estate , including, but not | 26 | | limited to, the administration of an inter vivos trust |
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| 1 | | that became irrevocable upon the death of a grantor, and | 2 | | the beneficiary is not a surviving spouse;
| 3 | | (iii) when a motor vehicle which has once been | 4 | | subjected to the Illinois
retailers' occupation tax or use | 5 | | tax is transferred in connection with the
organization, | 6 | | reorganization, dissolution or partial liquidation of an
| 7 | | incorporated or unincorporated business wherein the | 8 | | beneficial ownership
is not changed.
| 9 | | A claim that the transaction is taxable under subparagraph | 10 | | (i) shall be
supported by such proof of family relationship as | 11 | | provided by rules of the
Department.
| 12 | | For a transaction in which a motorcycle, motor driven | 13 | | cycle or moped is acquired the tax rate shall be $25.
| 14 | | On and after October 1, 1985 and until January 1, 2022, | 15 | | 1/12 of $5,000,000 of the moneys received
by the Department of | 16 | | Revenue pursuant to this Section shall be paid each
month into | 17 | | the Build Illinois Fund; on and after January 1, 2022, 1/12 of | 18 | | $40,000,000 of the moneys received
by the Department of | 19 | | Revenue pursuant to this Section shall be paid each
month into | 20 | | the Build Illinois Fund; and the remainder shall be paid into | 21 | | the General
Revenue Fund.
| 22 | | The tax imposed by this Section shall be abated and no | 23 | | longer imposed
when the amount deposited to secure the bonds | 24 | | issued pursuant to the Build
Illinois Bond Act is sufficient | 25 | | to provide for the payment of the principal
of, and interest | 26 | | and premium, if any, on the bonds, as certified to the
State |
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| 1 | | Comptroller and the Director of Revenue by the Director of the
| 2 | | Governor's Office of Management and Budget.
| 3 | | (Source: P.A. 102-353, eff. 1-1-22.)
| 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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